Abandonment

In an action for alimony and/or post separation support, the judge may consider fault by either of the parties committed during the marriage and up to the date of separation. The fault that is considered is termed marital misconduct.  One such type of marital misconduct is Abandonment.

What is Abandonment?  One spouse abandons the other, where he or she brings their cohabitation to an end without justification, without the consent of the other spouse and without intent of renewing it. (Panhorst v Panhorst, 277 N.C. 664).  Each of these items must be proved by the dependent spouse to entitle him/her to alimony on the basis of abandonment. (Murray v Murray, 37 N.C. App. 406). An action for alimony based on abandonment involves the withdrawal of the supporting spouse from the house and from cohabitation with the dependent spouse. (Sherwood v Sherwood, 29 N.C. App. 112)